| 1 | 1 | | 88R8949 AMF-F |
|---|
| 2 | 2 | | By: Campos H.B. No. 2150 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to examinations for certain children in the |
|---|
| 8 | 8 | | conservatorship of the Department of Family and Protective |
|---|
| 9 | 9 | | Services. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 264.1076, Family Code, is amended by |
|---|
| 12 | 12 | | amending Subsections (b), (c), (e), and (i) and adding Subsection |
|---|
| 13 | 13 | | (b-1) to read as follows: |
|---|
| 14 | 14 | | (b) The department shall ensure that each child described by |
|---|
| 15 | 15 | | Subsection (a) receives an initial medical examination, including a |
|---|
| 16 | 16 | | comprehensive physical examination, from a physician or other |
|---|
| 17 | 17 | | health care provider authorized under state law to conduct medical |
|---|
| 18 | 18 | | examinations not later than the end of the third business day after |
|---|
| 19 | 19 | | the date the child is removed from the child's home. Not later than |
|---|
| 20 | 20 | | the end of the 10th day after the date the child is removed from the |
|---|
| 21 | 21 | | child's home, the department shall ensure the child receives [, if |
|---|
| 22 | 22 | | the child]: |
|---|
| 23 | 23 | | (1) a dental examination, from a person licensed to |
|---|
| 24 | 24 | | practice dentistry in this state, if the child is at least six |
|---|
| 25 | 25 | | months of age [is removed as the result of sexual abuse, physical |
|---|
| 26 | 26 | | abuse, or an obvious physical injury to the child]; [or] |
|---|
| 27 | 27 | | (2) a comprehensive eye examination, from a person |
|---|
| 28 | 28 | | licensed to practice optometry in this state, if the child is at |
|---|
| 29 | 29 | | least six months of age; and |
|---|
| 30 | 30 | | (3) a psychological examination from a person licensed |
|---|
| 31 | 31 | | to engage in the practice of psychology in this state, if the child |
|---|
| 32 | 32 | | is at least four years of age [has a chronic medical condition, a |
|---|
| 33 | 33 | | medically complex condition, or a diagnosed mental illness]. |
|---|
| 34 | 34 | | (b-1) If a child described by Subsection (a) is missing from |
|---|
| 35 | 35 | | the home of the child's substitute care provider for 30 or more |
|---|
| 36 | 36 | | consecutive days, the department must ensure that not later than |
|---|
| 37 | 37 | | the end of the third business day after the child returns to the |
|---|
| 38 | 38 | | care and control of the department, the child receives: |
|---|
| 39 | 39 | | (1) a medical examination, including a comprehensive |
|---|
| 40 | 40 | | physical examination, from a physician or other health care |
|---|
| 41 | 41 | | provider authorized under state law to conduct medical |
|---|
| 42 | 42 | | examinations; and |
|---|
| 43 | 43 | | (2) a psychological examination, from a person |
|---|
| 44 | 44 | | licensed to engage in the practice of psychology in this state, if |
|---|
| 45 | 45 | | the child is at least four years of age. |
|---|
| 46 | 46 | | (c) Notwithstanding Subsection (b) or (b-1), the department |
|---|
| 47 | 47 | | shall ensure that any child who enters the conservatorship of the |
|---|
| 48 | 48 | | department receives any necessary emergency medical care as soon as |
|---|
| 49 | 49 | | possible. |
|---|
| 50 | 50 | | (e) Whenever possible, the department shall schedule the |
|---|
| 51 | 51 | | examinations required under this section [medical examination] for |
|---|
| 52 | 52 | | a child before the last [business] day of the appropriate time frame |
|---|
| 53 | 53 | | provided under Subsection (b) or (b-1). |
|---|
| 54 | 54 | | (i) Not later than the 10th day of the month following each |
|---|
| 55 | 55 | | calendar quarter [December 31, 2019], the department shall submit a |
|---|
| 56 | 56 | | report to the standing committees of the house of representatives |
|---|
| 57 | 57 | | and the senate with primary jurisdiction over child protective |
|---|
| 58 | 58 | | services and foster care evaluating the statewide implementation of |
|---|
| 59 | 59 | | the medical examination required by this section for the preceding |
|---|
| 60 | 60 | | calendar quarter. The report must include the level of compliance |
|---|
| 61 | 61 | | with the requirements of this section in each region of the state. |
|---|
| 62 | 62 | | SECTION 2. Section 264.1076, Family Code, as amended by |
|---|
| 63 | 63 | | this Act, applies to a child who enters the conservatorship of the |
|---|
| 64 | 64 | | Department of Family and Protective Services or is returned to the |
|---|
| 65 | 65 | | care and control of the department after being missing from the home |
|---|
| 66 | 66 | | of the child's substitute care provider on or after the effective |
|---|
| 67 | 67 | | date of this Act. A child who entered the conservatorship of the |
|---|
| 68 | 68 | | department or who was returned to the care and control of the |
|---|
| 69 | 69 | | department before the effective date of this Act is governed by the |
|---|
| 70 | 70 | | law in effect on the date the child entered the conservatorship of |
|---|
| 71 | 71 | | the department or was returned to the care and control of the |
|---|
| 72 | 72 | | department, and the former law is continued in effect for that |
|---|
| 73 | 73 | | purpose. |
|---|
| 74 | 74 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|